Common Questions about Your Right to Medical Treatment after a Work Injury

In the aftermath of a workplace injury, when you’ve filed for workers’ compensation benefits, you have a right coverage for any medical treatment or attention that is required because of your injury. What does that include? What are your rights with respect to medical treatment? Here are some of the most frequently asked questions about medical treatment after an injury on the job.

Q: Must the medical care sought always comply with the Medical Treatment Guidelines?

A: As a general rule, the Medical Treatment Guidelines are compulsory—you must typically follow the procedures set forth there—the only exception is for emergency care.

Q: Do the guidelines apply if my company is self-insured?

A: Under the workers’ compensation law, qualified businesses may choose not to purchase a policy of workers’ compensation insurance, but may opt to be “self-insured,” paying any benefits out of the capital resources of the company. Nonetheless, the Medical Treatment Guidelines still apply—they apply regardless of the type of payer.

Q: I need ongoing care. What do I need to provide to ensure that’s covered?

A: Under the Medical Treatment Guidelines, an ongoing maintenance care program may be authorized, but you must document the following:

That you have participated in a self-management program formulated in conjunction with your health care provider

That your symptoms have nonetheless become worse

That you have created an ongoing maintenance program with specific goals that can be identified, measured and met

Effectdive Workers’ Compensation Lawyers in Queens, New York

At Pyrros & Serres, we offer over 50 years of combined workers’ compensation experience to injured workers throughout Queens and across the greater New York City area. We emphasize personal service and attention, taking the time to learn what happened, so that we can customize our representation to get the results you want. We get many of our new cases as referrals from doctors, lawyers and satisfied clients.

We take all types of work-related injury claims, including cases involving: